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Following a ruling of the Federal Court in December 2020, invalidity pensions payable under the Defence Force Retirement and Death Benefits (DFRDB) Scheme and the Military Superannuation and Benefits (MSB) Scheme (commenced on or after 20 September 2007) will be taxed as superannuation lump sum payments.

The Australian Taxation Office (ATO) has been processing amendments for past tax returns of impacted individuals who have opted-in as part of its remediation program.

Initial round of amendments

As of the end of September, the ATO has amended over 4,000 income tax assessments for individuals that either opted-in to the first phase of its amendment process or had an existing objection with them, around 60% of the individuals who opted-in to having their assessment(s) amended.

If you opted-in but have not yet had your amendments finalised, you do not need to call the ATO for an update. If your amendments have yet to be processed, it is likely because your circumstances are more complex. The ATO is working through the remaining amendments and expects to have all amendments completed shortly.

Next round of amendments

If you are affected by the Court decision and did not opt-in under the ATO’s initial amendment process, it’s not too late to have your assessments for prior years amended. The ATO will begin the next round of its amendment program from late October by contacting affected individuals who did not initially opt-in.

What do you need to do?

There are actions you should take now if you would like to have your assessments amended:

• Ensure that the contact details that the ATO has for you are up to date so you do not miss correspondence and so that you can be contacted you if the ATO requires additional information.
• Apply to Commonwealth Superannuation Corporate (CSC) for a determination if you believe you qualify for a disability concession. By doing this before you take part in the streamlined amendment process you will ensure that that the disability concession is taken into account as part of your amendments upfront.
• Lodge any outstanding income tax returns as the ATO cannot amend what has not been lodged.
• Consider seeking financial advice in relation to your personal circumstances as it is your choice as to whether you want to participate in the ATO’s amendment process.

For more information or to receive ongoing updates about the streamlined amendment process, please visit the ATO military superannuation webpage at ato.gov.au/militarysuper.

The Russian Navy performed the first-ever test launch of a Tsirkon-class hypersonic missile from the Yasen-class nuclear-powered submarine.

According to the Russian Ministry of Defence (MoD), the missiles were fired from Yasen-class submarine K-560 Severodvinsk in the Barents Sea. The first launch was performed from a surfaced position, while the second one was from a depth of 40 meters.

“According to the objective monitoring data, the flight course of the missile has matched the specified parameters. The conditional target has been hit,” Russian MoD reported.

Tsirkon missiles are intended to arm Russian cruisers, frigates and submarines, and capable of flying at nine times the speed of sound while reaching a range of 1,000 kilometres, according to the Russian authorities.

Yasen-class submarines are being built by Russia’s Sevmash shipyard for the Russian Navy. Severodvinsk is the first of what is expected to be a class of ten Project 885 submarines. It was delivered to the Russian Navy in 2013, twenty years after it was laid down in 1993. Following sea trials, the submarine was commissioned in 2014.

The submarines can be deployed in anti-submarine warfare, anti-surface warfare, surveillance operations and special missions.

Based on the Akula-class and Alfa-class designs, the Yasen-class is projected to replace the Russian Navy’s current Soviet-era nuclear attack submarines.

Above you see the unit flag of 2^nd Squadron of the Special Air Service Regiment. This is the unit whose members have been accused of war crimes in Afghanistan amidst great publicity when the condemnatory Brereton Report came out. The Prime Minister, by contacting the Afghanistani President to apologise, seemed to accept the recommendations of the report as stated; the Minister of Defence also excoriated the accused; the Chief of the Australian Defence Forces and his Chief of the Army, various members of the Australian parliament, most of the media, and other assorted commentators, all accepted the report as having proved the culpability of the accused. Without any official, legal and competent investigation, thus denying the accused of natural and legal justice.

The chiefs of the ADF and possibly some or all of the above-named politicians, but especially the Chief of Army, decreed or agreed with a decision to strip ALL of the members of 2 SASR of the Unit Citation, so costly won by ALL THOSE WHO SERVED IN THE 2^ND, for the alleged crimes whose veracity has yet to be established. This egregious action which at the time had not been sanctioned by any regulations of the Army but whose inclusion in the regulations (reportedly) was inserted after the contents of the report became known.

This week, the removal of the squadron’s flag is to be hauled down, folded and will vanish forever into some archive somewhere, perhaps. The powers that be have been seeking present and past members of the regiment to participate in this disgraceful “ceremony”. Reportedly they are having a difficult time getting any volunteers, perhaps they will invite the above-named to join the destroyers of the good name of the squadron to hold a corner of the much-honoured flag.

I am writing to invite you all to include the image of the flag below in all you electronic communications this week to show support for a maligned superb unit of men whose service deserves infinitely more support and appreciation than it is getting from a gaggle of shiny-bums.

Today is Malaya and Borneo Veterans’ Day, when we pause to recognise and remember the 10,500 Australians who served in the Malayan Emergency and the Indonesian Confrontation.

Minister for Veterans’ Affairs and Defence Personnel Andrew Gee said he encourages Australians to acknowledge the service and dedication of those who fought in these post-Second World War conflicts in the Malaya and Borneo regions.

“Only a few short years following the end of the Second World War, the Malayan Emergency began in 1948, lasting until 1960,” Minister Gee said.

“The Malayan Emergency was declared following the murder of three European estate managers who were killed as part of the Malayan Communist Party’s insurgency against the British colonial government. Australia’s military involvement commenced in 1950 and continued with anti-insurgency operations in Malaya until 1963.”

One key success of the conflict was a coordinated operation in July 1954 in Perak state. In an operation code named Termite, five RAAF Lincoln bombers and another six Lincolns from 148 RAF Squadron made simultaneous attacks on two communist camps. This was followed by drops of British paratroops, a ground attack, and a further bombing run ten days later. The mission destroyed a large number of guerrilla camps.

During 13 years in Malaya, personnel from the Royal Australian Navy, Australian Army and the Royal Australian Air Force played an important role in bringing the long-running communist insurgency in the region to an end.

The Indonesian Confrontation or Konfrontasi started in 1962, ending in 1966.  This conflict was a small undeclared war fought between Indonesia and the newly federated state of Malaysia.

“The Confrontation was a dispute over whether the former British colonies of Sabah and Sarawak which bordered Indonesian provinces on Borneo, would become part of Indonesia or of the newly federated Malaysia,” Minister Gee said.

“In 1964 Australian, New Zealand and British troops first became involved in the conflict.

“On 11 August 1966 Indonesia signed a peace treaty with Malaysia. The treaty recognised that the North Borneo states of Sabah and Sarawak would continue to be part of the Malaysian Federation.

“This year marks 55 years since the end of the Confrontation and I urge all Australians to pause and remember the service and sacrifice of those who fought for our nation.

“Tragically, we lost 39 Australians during the Malayan Emergency, and 23 military personnel during the Indonesian Confrontation. Australia will never forget them and all who served in those conflicts. They made a vitally important contribution to restoring peace and security to our region.”

You can learn more about the Malayan Emergency and Indonesian Confrontation on the Department of Veterans’ Affairs Anzac Portal.

This is a distressing time for many of our Defence personnel and veterans who served our nation in Afghanistan with courage, dignity and honour, and made such a significant contribution to the allied military effort.

We must never forget the 41 Australians who made the ultimate sacrifice for our country.

Australia owes a great debt of gratitude to all our veterans who served with distinction and their families who supported them.

Over the past 20 years our nation has been unwavering in the fight against terrorism in Afghanistan.

I understand many of those who served our nation in Afghanistan may feel frustrated, concerned and distressed at what is unfolding there.

My primary concern is the wellbeing of all of our veterans, Defence personnel, here at home and abroad, and their families.

I have asked the Department of Veterans’ Affairs to contact the families of ADF members who lost their lives in Afghanistan, as well as any veterans the Department is aware of who could suffer adversely as a result of what is currently happening in Afghanistan.

I encourage anyone who served in Afghanistan to reach out to support services available to them and their families if they need it.

For those who are not currently registered with DVA, please know that help and support is there for you. Please call DVA if you would like to access services or call Open Arms for counselling support.

ADF personnel, veterans and their families can call Open Arms 24 hours a day on 1800 011 046.

If you need to talk but don’t want to disclose your name, please call Safe Zone Support which offers anonymous counselling service for ADF personnel, veterans and their families. Its free and available 24/7. You can call 1800 142 072.

Please also reach out to any mates and their families who you know may be finding it difficult at this time. Although COVID restrictions are keeping us apart, there has never been a more critical time to ensure we stay connected.

26 June 2021

The independent Defence Honours and Awards Appeals Tribunal will re-examine the issue of unit recognition for the service of our Australian Defence Force (ADF) in Somalia.

Minister for Veterans Affairs and Minister for Defence Personnel Darren Chester announced today that he had requested the Tribunal reassess the issue in response to representations from the 1st Battalion, Royal Australian Regiment Association.

“In late 1992 a humanitarian disaster, which was compounded by a complete breakdown in civil order, plunged Somalia into chaos and in response Australia deployed forces from all three Services to the Unified Task Force – Somalia (Unitaf) arriving in January 1993,” Mr Chester said.

“In 2009-10 the Tribunal broadly examined the issue of unit recognition for service in Somalia, however, the approach taken at the time focused on Defence’s internal consideration and whether there were any administrative errors in this consideration. It did not focus on whether the service of the battalion group actually met the criteria for a unit citation.

“After representations from the ex-service community, I have decided to refer the matter to the Tribunal for fresh consideration to look specifically at the issue of unit recognition, particularly whether any units that served in Somalia should now be recognised with a meritorious unit citation for their service.”

The Tribunal will consider the service of all ADF units that served in Somalia, having regard to the eligibility criteria for the Meritorious Unit Citation.

“It is important to our Somalia veterans to ensure their service is comprehensively and fairly considered, which the Tribunal will do through this new inquiry,” Mr Chester said.

“Submissions for this inquiry will close on 31 August 2021 and I encourage anyone with an interest in the issue to ensure their views are heard.”

Preparation for the Royal Commission into Defence and Veteran Suicide has moved into the next phase.

Over the past month I have had discussions with hundreds of veterans, serving members and families across the nation.

The feedback has been extremely positive and constructive and while opinions have been incredibly diverse, we all have one common goal – to prevent suicide within the Defence and veteran communities.

More than 1400 pieces of written feedback on the themes that will inform the Terms of Reference have been received by DVA alone.

Some of the common areas of concern identified throughout the consultation process relate to the transition process from Defence to civilian life, dealing with DVA in accessing assistance and the complexity of the legislation and the claims process, as well as mental health support, operational tempo and rotations, negative treatment of personnel, and a number of issues that impact families of those who serve.

Publication of the feedback is optional and where consent has been provided, DVA has been progressively making these available on the website.

The consultation phase has now concluded and all feedback provided to the Department of Veterans’ Affairs (DVA) will be passed to the Attorney-General’s Department, who will draft the Terms of Reference. This is standard practice for a Royal Commission, and as evidenced by the Aged Care and Disability Royal Commissions, the community can have complete confidence in that process.

To be clear, DVA, the Australian Defence Force and the Department of Defence are not involved in the conduct of the Royal Commission itself or the drafting of the Terms of Reference. The Royal Commission itself will be completely independent of Government.

We have a world-class system of support for veterans and their families and Australians can be proud of the fact that $11.8 billion in taxpayers’ money is provided every year to allow DVA to do its work.

There’s an enormous amount of help available through DVA, ex-service organisations and community groups which is making a difference every day and it is so important that none of this stops during the course of the Royal Commission.

But the system isn’t perfect and the Royal Commission is an opportunity to identify any weaknesses, listen to the ideas of Australians, and implement changes that can help to save lives.

I would like to thank all those in the community who have provided their feedback.

And for any member of the ADF, veteran or their families who may be struggling as a result of this process, please reach out to Open Arms – Veterans and Families Counselling on 1800 011 046. Help is available.

Can I start by saying that the accusations of ADF personnel conducting themselves in a war zone with rude or crude acts, “misbehaving at a makeshift bar in Afghanistan,” or drinking beer from a prosthetic leg – none of this should ever have been shared with media, and our media ought to have demonstrated discretion and decency in the dissemination of that imagery, out of respect for the contract we have with the soldiers we have sent to perform the most traumatising of all acts – to kill.

What we have done in Australia, is cognitively and decisively glorified our deceased veterans on ANZAC Day, on Remembrance Day, and in media suicide stories (and only ever through the metaphor of maternal grief), whilst damning our living ADF members and veterans, and forgetting their number one function (kill or be killed), is a function sanctioned by both Australia and Afghanistan, demanded of them by you the voters, to protect our national security, and to stabilise international tensions.

The nation has decided that the full narrative surrounding veterans is one we must not look at. When was the last time you heard the term “terrorist?” Or “shariah law?” Or “Taliban?” All of these things still exist,  little girls are still executed if found to be educated, little boys are still being trained to kill, and little kids are still playing dress-ups with suicide vests and used as weapons. Yet, we as a nation have decided not to look at these things… we have allowed our Prime Minister and Chief of Defence Force to apologise to our enemies in Afghanistan, whilst hanging our heroes out to dry by a noose.

The problem with trauma is that the human mind protects itself from annihilation, by compartmentalising that trauma in a space in the mind’s deepest recesses. In the absence of a compassionate society (by which I mean the absence of compassionate leadership, and compassionate therapy), this suppressed trauma brews like lava until either it is appropriately treated, or that volcano explodes in the form of aberrant behaviour, of mental illness, or suicide.

I can’t help draw the ironic comparison, between Ben Roberts-Smith VC MG burying this trauma deep inside the mind, and allegedly burying USB drives inside a pink plastic children’s lunchbox, hiding them from both police and military investigations.  In fact, this act is not simply an ironic symbolism, this is exactly what is happening inside the minds of our SASR soldiers. The information contained on those USB drives is the exact same trauma that is stored deep inside their minds’ recesses.

That evidence of war trauma, whether it’s suppressed in the mind, in a pink plastic children’s lunchbox, or buried 6ft under – it is trauma that is not only being suppressed and buried, it’s being punished. Suicide attempts among ADF personnel are still – in 2021 – being met with a military charge of “prejudicial conduct,” and ultimately a discharge from the ADF, sending a very strong message to everyone else to hide every crack and every evidence that a member is in the hurt locker.

When trauma is overwhelming, the mind often protects itself by disabling its ability to experience ’empathy.’ And our veteran space is over-burdened with an overwhelming number of both veterans, and their family members, whose fractured sense of empathy has created a fundamentally toxic landscape, culminating in worsened trauma, increased homelessness, mental illness, suicides… and aberrant behaviours.

If Australia wants to make this kind of trauma worse, then by all means – keep prodding and provoking our most traumatised veterans with stigmatising, shaming and punitive national judgements… but keep in mind that every one of our 641,000 veterans in this country is trained to kill, their rage is rapidly building, and like any volcano – it will eventually erupt unless an urgent, national refocus of compassion is directed at the problem.

Ben Roberta- Smith VC MG was awarded those post-nominals for killing the enemy with a heroic degree of bravery …  the only thing that has changed since he was awarded those post-nominals is the increased magnitude of toxic envy of everyone around him.

Dr Dan Mealey

Former Army doctor Afghanistan